Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14987 of 2018 Applicant :- Nasir Husain @ Chhunnay And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Saxena,Mujeeb Haider Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. They have not committed the present offence. Recovery is false and planted. There is no independent witness of the said recovery. Criminal history of the applicants has been explained. They are languishing in jail since 20.3.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Nasir Husain @ Chunnay and Sharif Ali @ Munnay involved in Case Crime No. 90 of 2018, under Sections 3/8 of U.P. Prevention of Cow Slaughter Act, P.S. Nawabganj, District - Bareilly be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.4.2018 Sachdeva